[2018] KEELC 4609 (KLR)
The court granted the application for stay of execution on the condition that the applicant deposits the sum of Kshs.1,932,000 in a joint interest earning account held jointly by the advocates for both parties in a reputable banking institution. The court found that the respondent did not oppose the application...
Source-derived case information.
- Citation
- [2018] KEELC 4609 (KLR)
- Parties
- Plaintiff: Gabriel Njuguna Njoroge; Defendant: David Lobongon Tioko
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 70 of 2008
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution granted with conditions
- Judges
- FM Njoroge
- Legal Topics
- Stay of Execution, Security for Decree, Appeal Pending, Deposit of Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gabriel Njuguna Njoroge
Plaintiff
David Lobongon Tioko
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the defendant is entitled to a stay of execution of the decree pending appeal.
- 2 Whether security should be provided as a condition for granting stay of execution.
Ratio Decidendi
The court granted the application for stay of execution on the condition that the applicant deposits the sum of Kshs.1,932,000 in a joint interest earning account held jointly by the advocates for both parties in a reputable banking institution. The court found that the respondent did not oppose the application provided security was furnished, and thus, the interests of justice required that the stay be granted subject to the provision of adequate security to safeguard the respondent's interests pending the determination of the appeal.
Court Disposition
application for stay of execution granted with conditions
Orders
- The defendant shall deposit Kshs.1,932,000 in a joint interest earning account held between both parties' advocates in a reputable banking institution within 30 days.
- Failure to deposit the sum within 30 days will cause the stay order to lapse automatically.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
LAND AND ENVINROMENT COURT AT KITALE
LAND CASE NO. 70 OF 2008
GABRIEL NJUGUNA NJOROGE................PLAINTIFF
VERSUS
DAVID LOBONGON TIOKO....................DEFENDANT
R U L I N G
1. The application dated 12/10/17 filed by the defendant/Judgment debtor seeks an order of stay of execution of the decree and all consequential orders arising from the Judgment delivered by this court on 28/9/17 pending the hearing and determination of the defendants appeal to the Court of Appeal against the said judgement and decree.
2. The application is not opposed by the respondent/judgement creditor, but this submissions is made subject to a condition that the applicant gives security in the form of a deposit of the decretal sum plus two years rent, being a total sum of Kshs.1,932,000/= in a joint interest earning account pending the determination of the appeal.
3. I therefore grant the application dated 12/10/17 in terms of Prayer No.3 thereof on condition that the applicant shall deposit the sum of Kshs.1,932,000/= in a joint interest earning account held between both the applicant's Advocates and the Respondent’s Advocates in a reputable Banking institution.
4. The said deposit shall be made within 30 days of this order failing which the order shall automatically lapse. The plaintiff/decree holder’s advocates shall ensure their maximum co-operation to ensure that the deposit of the funds in such account within the said period is a success.
Dated, signed and delivered at Kitale on this 30th day of January, 2018.
MWANGI NJOROGE
JUDGE
30/01/2018
Coram
Before: Mwangi Njoroge, Judge
Court Assistant - Isabellah
COURT
Ruling read in open court in the presence of Mr. Bisonga for the
Defendant and in the absence of the plaintiff or his counsel.
MWANGI NJOROGE
JUDGE
30/01/2018